Breaking: Supreme Court Reserves Interim Order On Pegasus Cases After Centre Expressed Unwillingness To File Affidavit On Spyware Use

The Supreme Court on Monday reserved interim orders on a batch of petitions seeking investigation into the alleged illegal use of Pegasus spyware to snoop civilians, journalists, etc. The development comes as the Centre has expressed unwillingness to file an affidavit in the matter, citing concerns over national security. "We thought the Government will file a counter-affidavit and will decide further course of action. Now the only issue to be considered is the interim orders to be passed," the CJI said at the outset. The Court said that it will pass the order within 2-3 days. It also added that the Solicitor General can mention the matter before it in the meanwhile if there is any "rethinking" on its part.A bench comprising the Chief Justice of India NV Ramana, Justices Surya Kant and Hima Kohli repeatedly said that it does not want any information relating to national security and that it was only concerned with allegations of rights violation raised by ordinary citizens through illegal use of the spyware.The Petitioners have sought an interim prayer to direct the filing of a disclosure affidavit by the Cabinet Secretary. They also seek constitution of an independent committee/ SIT, led by a retired judge to investigate the matter. The Government on the other hand claims that the issue involves aspects of national security and hence it cannot be debated on affidavit. The Court had adjourned the matter to today to know if the Government will file an affidavit stating whether it has used Pegasus spyware or not.Solicitor General Tushar Mehta submitted that the issue cannot be made a subject matter of "judicial debate" or "public discourse" and cannot be stated in an affidavit. He reiterated the earlier stand of the Government that a committee constituted by it will examine the issue. "Suppose I am saying that I am not using this software. Then it will alert the terrors group. If I say I am using this software, please remember, every software has a counter-software. The groups will take pre-emptive steps," Solicitor General Tushar Mehta submitted. He urged the Bench to let Government constituted expert Committee to look into the matter, whose report will be placed before the Supreme Court."Having examined the issue, it is the stand of the govt that such issues can't be a debate on affidavit. Such matters can't be a subject matter of debate before the court. Nonetheless, the issue is important so the committee will go into it," said the Solicitor General at the outset.Not interested in knowing national security aspects, says the bench."We are not interested in knowing matters related to security or defence. We are only concerned to know whether Govt has used any method other than admissible under law", Justice Surya Kant said.Pointing out that the issue before the court is limited to snooping of civilians, journalists, etc, Justice Surya Kant continued, "The only limited affidavit which we were expecting you to file was...there are citizens before us alleging infringement of rights…if you could clarify...".He stated that all these issues can be limited to the "class of citizens" alleging violation of right to privacy under Article 21."We are again reiterating we are not interested in knowing matters related to security or defence. We are only concerned, as my brother said, we have journalists, activists etc before us…to know whether Govt has used any method other than admissible under law," CJI NV Ramana said.No unauthorized interception: SG MehtaSG Tushar Mehta also claimed that there has not been any unauthorized interception and nonetheless, the Centre has constituted an expert Committee to look into the matter, whose report will be placed before the Supreme Court."I have already filed an affidavit that as per the statutory regime in India, namely IT Act and Telegraph Act in general and Section 69 IT Act in particular, there has been no unauthorized interception. Centre has informed this to Parliament. Nonetheless, the issue is important. So, we have expressed our willingness to constitute a committee," SG said.He stressed on the IT Minister's statement that any form of illegal surveillance is not possible within our robust system of checks and balances. He added,"If some individuals are claiming invasion of privacy, the government takes it seriously. It has to be gone into and it will be gone into. For this, the government has suggested the formation of a committee. However, making the issue regarding use of Pegasus a matter of affidavit or public discourse will not be interest of national security or larger national interest."However, the Bench responded,"Appointing a committee or making inquiry is not the question here. If you file an affidavit then we know where you stand... there is an established procedure for interception."CJI to Sibal :We had given fair opportunity to Centre to make a statement. Now...

Breaking: Supreme Court Reserves Interim Order On Pegasus Cases After Centre Expressed Unwillingness To File Affidavit On Spyware Use

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